6/21/2022
QUATING TON BE
NCORPORATED
ZTA No. 22-002
SB 9 Development Projects
City Council Meeting
June 21, 2022
Request
• ZTA No. 22-002
Amend HBZSO by adding Chapter 237 - Objective Standards for SB 9 Development Projects
• Establishes development standards and review procedures for projects proposed pursuant to Senate Bill 9 (SB 9)
Planning Commission Action
Public hearing on May 24, 2022
Recommended approval to the City Council
SB 9 The California
(Alkins) H.O.M.E. Act
COMMUNICATION
Meeing Date: 4/21/2027
1 Aganda lam No.: #21/22-493)
6/21/2022
SB 9 qualifying criteria
• Property must be located in a single- • Proposed development cannot demolish family residential zone (RL) or alter:
• Property cannot be a historic site or in a • Deed restricted affordable housing historic district • Housing subject to rent control
• Property must be within an urbanized • Housing removed from the rental area as designated by the U.S. Census market pursuant to the Ellis Act within the last 15 years
• Property cannot be located on:
• Housing occupied by a tenant in the
• Farmland last 3 years (must maintain at least
• Wetlands 75% of the existing exterior walls)
• Hazardous waste site
• Conservation or habitat preservation
area
•Regulatory floodway
Urban lot split criteria
• Two new lots of
approx. equal size
40% 60% • Min. lot size: 1,200
square feet
• No prior or
40% 60% subsequent urban lot
split
• Same owner (or
60% person acting "in
40% concert" with owner)
cannot split adjacent
Public Street Publie Street Public Street
lots
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SB 9 regulations
SB 9 law allows cities to adopt certain regulations for SB 9 developments:
• Easements for provision of public services and access to right-of-way Objective zoning, subdivision, and design standards
• Parking requirement of one space per unit
• Prohibition of short term rentals
Affidavit that the owner intends to occupy one of the units for at least 3 years
• Denial of SB 9 project must be based on specific, adverse health and safety impact with no feasible mitigation
Interim Urgency Ordinance
• March 1, 2022: City Council adopted urgency ordinance to establish interim standards
• April 5, 2022: City Council extended the urgency ordinance • Proposed ordinance generally maintains same provisions w/ following changes:
• Increased maximum square footage for larger lots
• Clarifies ADUs are prohibited in SB 9 projects proposing a lot split • Provision of affordable units is voluntary
• Increased square footage incentive
• Design standards revised to be objective
3 6/21/2022
Objective standards
• Max size: 800 s.f./one bedroom or • Design: architecture, roof pitch, 1,600 s.f./two bedrooms depending color same as existing dwelling on lot size • Solar panels required
• Required parking: One space • STRs not allowed
(garage or carport) • Development must occur with
concurrent lot split
• Max height: 16 feet (if detached
from existing dwelling) • All other standards of base zoning district and parcel map
• Side and rear setback: 4 feet requirements apply
Must allow exceptions if
standard would preclude two
800 s.f. units on a lot
Review procedures
• Ministerial "by right" process
• Lot split:
• Subdivision application & process required
• No public hearing required
• Coastal Zone:
• Coastal development permit application & process required • Notification requirements of HBZSO Chapter 245 apply
• No public hearing required
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Local ordinance objective standards
• Existing Regulations → up to 3 units
• 1 Single Family Residence + 1 ADU + 1 JADU
SIDE
ADU
SINGLE
FRONT REAR
FAMILY
RESIDENCE
JADU
SIDE
Local ordinance objective standards
SIDE
SB 9 without ordinance
A LOT SPLIT
& objective standards
ADU DUPLEX UNIT ADU
DUPLEX UNIT
Up to 8 units
DUPLEX UNIT DUPLEX UNIT
ADU ADU
SIDE
SB 9 with ordinance &
objective standards A LOT SPLIT
Up to 4 units REAR
DUPLEX DUPLEX DUPLEX DUPLEX
UNIT
SIDE
6/21/2022
Recommendation
• Approve ZA No. 22-002 and forward to the City Council for adoption based on:
• Complies with state law
• Consistency with General Plan goals and policies
• Provides clear standards, streamlined review and certainty in the approval process while avoiding impacts to existing
neighborhoods
Questions?